The landlord is entitled to evict the tenant for willful default in payment of rent and bonafide requirement.

JUDGMENT

Bandaru Syamsunder, J. - This Civil Revision Petition is filed under section 22 of AP Buildings (Lease, Rent and Eviction) Control Act, 1960 (herein after called in short 'Rent Control Act') against the Orders passed in RCA. No. 1 of 2012, dated 18.12.2014 on the file of learned Senior Civil Judge, Bhimavaram wherein and whereby the learned appellate Judge dismissed the rent control appeal filed by the revision petitioner/tenant and confirmed the orders passed by the Rent Controller-cum-Prl., Junior Civil Judge, Bhimavaram in RCC No. 3 of 2009, dated 29.06.2012.

2. The revision petitioner who is tenant of respondent in respect of RCC No. 3 of 2009 case schedule shop room. The respondent/landlord filed petition against the revision petitioner before the Rent Controller under Section 10 (2), 10 (2) (iii) and 10 (3)(a) (iii) of Rent Control Act seeking eviction of the petitioner from the petition schedule property on the ground that willful default, committing act of waste and also on the ground of bonafide requirement. The said petition allowed by the Rent Controller granting two months time to the petitioner to vacate from the petition schedule shop room.

3. Aggrieved by the findings of the Rent Controller, the revision petitioner preferred RCA No. 1 of 2012 before the Senior Civil Judge, Bhimavaram who re-appreciated the evidence on record, confirmed the orders passed by the Rent Controller.

4. Aggrieved by the orders of appellate Judge, the present revision petition is filed by the petitioner on the ground that orders of the Courts below are contrary to law, weight of documentary evidence. He submits that though there is no willful default on his part in payment of rents, ordering his eviction from the petition schedule property is illegal and arbitrary. It is the contention of the revision petitioner that the respondent/landlord failed to discharge his burden of proof to show that as and when he tendered the rents used to issue receipts. He further submits that, Courts below erred in coming to the conclusion that the petitioner herein has not tendered the rents for the period April, 2008 to July 2009 and in fact the respondent not produced all the counter-foils and used to issue receipts as and when he tendered the rents. It is also the contention of the revision petitioner that respondent admitted in his cross examination that he has no idea what type of business to run in the schedule property and courts below erred in ordering his eviction, which is liable to be set aside.

5. I have heard the learned counsel Mr. A.S.K.S. Bhargav representing learned counsel Mr. P. Durga Prasad for the petitioner. It is the contention of the learned counsel for the revision petitioner that the Rent Controller and also Appellate Judge failed to appreciate the evidence adduced on both sides with regard to sending of rents by the petitioner through Bank drafts and money order, which shows that petitioner not committed any willful default in payment of rents. He submits that the respondent in collusion with his Uncle, demolished the portion of building due to that the petitioner also filed original suit seeking injunction, wherein he obtained interim injunction due to that as a counter-blast, eviction petition has been filed by the respondent. He argued that the respondent failed to prove bonafide requirement as admittedly, he stopped doing business and order of eviction is liable to be set aside. He prays to allow the revision petition.

6. Now the point for determination is:-

'Whether the Order under challenge is sustainable, tenable and whether the same warrants interference by this Court under Section 22 of Rent Control Act?'

7. POINT:-

Before going to the merits of the case, it would be beneficial to extract Section 22 of the Rent Control Act, which reads as under:-

'Section 22. Revision:-

(1) The High Court may, at any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceedi